Part V E+W+S General Exceptions from Parts II to IV

45 Insurance etc.E+W+S

[F1(1)]Nothing in Parts II to IV shall render unlawful the treatment of a person in relation to an annuity, life assurance policy, accident insurance policy, or similar matter involving the assessment of risk, where the treatment—

(a)was effected by reference to actuarial or other data from a source on which it was reasonable to rely, and

(b)was reasonable having regard to the data and any other relevant factors.

[F2(2)In the case of discrimination under section 29, 30 or 31, subsection (1) applies only in so far as that section relates to—

(a)an excluded matter; or

(b)differences in premiums and benefits applicable to a person under a contract of insurance or related financial services entered into before the appropriate date.

(3)Despite subsection (2), the treatment is not unlawful under section 29(1) if—

(a)in the case of discrimination under a contract entered into on or after the appropriate date which relates to differences in premiums and benefits, each of the following conditions is satisfied—

(i)the use of sex as a factor in the assessment of risk is based on relevant and accurate actuarial and statistical data;

(ii)the data referred to in subparagraph (i) are compiled, published (whether in full or in summary form) and regularly updated in accordance with guidance issued by the Treasury;

(iii)the differences in treatment are proportionate having regard to the data mentioned in subparagraph (i);

(iv)the differences do not result from costs related to pregnancy or to the fact that a woman has given birth at any time in the period of 26 weeks ending on the day the treatment occurs or begins; or

(b)insurance or related financial services are provided only to members of one sex in relation to risks which only affect that sex.

(4)Subsection (3)(a) applies to discrimination under section 2A as if, in subsection (1) of that section, after “other persons” there were inserted of B's sex.

(5)For the purposes of this section, “the appropriate date” means the date on which the Sex Discrimination (Amendment of Legislation) Regulations 2008 came into force.]

Textual Amendments